Thursday 16 June 2011

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  • bheemi123
    10-03 01:33 PM
    My wife is on L-1 currently and has an approved H-1b petition from company B which is a "change of status" effective October 01.

    We would like to stick to the L-1 for some more time and from what I gather one way of doing it is for her to travel out of the country and move back in.

    What other options do we have?

    Thanks

    that is the only ption to continue L status..but remember u can not use h1b ..and u have to apply again for h1b in next year quota....





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  • gc_bucs
    02-18 04:33 PM
    Not sure where you read that H1B would be eliminated totally. It does mention Elimination of H-1B Classification for Fashion Models

    Below is the text

    TITLE VII--EMPLOYMENT-BASED IMMIGRATIONCommentsClose CommentsPermalink


    SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
    Section 274B (8 U.S.C. 1324b) is amended--CommentsClose CommentsPermalink



    (1) in subsection (a)(5)--CommentsClose CommentsPermalink



    (A) by amending the paragraph heading to read �Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment�;CommentsClose CommentsPermalink



    (B) by moving the text down and to the right 2 ems;CommentsClose CommentsPermalink



    (C) by inserting before such text the following: �(A) IN GENERAL- �; andCommentsClose CommentsPermalink



    (D) by adding at the end the following:CommentsClose CommentsPermalink



    �(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual�s immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.CommentsClose CommentsPermalink



    �(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual�s immigration status.�; andCommentsClose CommentsPermalink



    (2) in subsection (c)(2), by adding at the end the following: �The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term �Special Counsel� includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.�.CommentsClose CommentsPermalink




    SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
    The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary�s recommendations based on the study.CommentsClose CommentsPermalink




    SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
    Section 214 is amended--CommentsClose CommentsPermalink



    (1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; andCommentsClose CommentsPermalink



    (2) by adding at the end the following:CommentsClose CommentsPermalink



    �(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:CommentsClose CommentsPermalink



    �(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.CommentsClose CommentsPermalink



    �(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.CommentsClose CommentsPermalink



    �(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.CommentsClose CommentsPermalink



    �(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.CommentsClose CommentsPermalink



    �(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an �Office to Preserve American Jobs� within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.�.CommentsClose CommentsPermalink

    SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
    (a) Elimination of H-1B Classification for Fashion Models- Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended--CommentsClose CommentsPermalink



    (1) by striking �or as a fashion model�; andCommentsClose CommentsPermalink



    (2) by striking �or, in the case of a fashion model, is of distinguished merit and ability�.CommentsClose CommentsPermalink



    (b) New Classification- Section 101(a)(15)(O) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)) is amended--CommentsClose CommentsPermalink



    (1) in clause (iii), by striking �clause (i) or (ii)� and inserting �clause (i), (ii), or (iii)� and by redesignating clause (iii) as clause (iv); andCommentsClose CommentsPermalink



    (2) by inserting after clause (ii) the following new clause:CommentsClose CommentsPermalink



    �(iii) is a fashion model who is of distinguished merit and ability and who is seeking to enter the United States temporarily to perform fashion modeling services that involve events or productions which have a distinguished reputation or that are performed for an organization or establishment that has a distinguished reputation for, or a record of, utilizing prominent modeling talent; or�.CommentsClose CommentsPermalink



    (c) Effective Date and Implementation-CommentsClose CommentsPermalink




    http://www.opencongress.org/bill/111-h264/show

    This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.

    Please add your views about this bill.

    Also, is there a IL chapter for IV?





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  • rpatel
    07-24 08:42 AM
    To the core group/Senior Members,

    If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.

    Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.

    Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.

    Any thoughts ??





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  • pappu
    07-23 09:08 PM
    Employment Letter is Required. I would even go to the extent of emphasising to put original letter instead of a photocopy. Do not take chances. The application can be rejected/RFE can be issued in the absece of initial evidence. Read the new memo and educate yourself rather then blindly believing members or lawyers. Ignorance of law is not an excuse if you were to challenge a denial notice. When all information is available, make yourself educated. and BTW get a good lawyer to file your application so that each and every small detail can be taken care of.



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  • rimzhim
    04-04 03:43 PM
    if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down
    :D





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  • sri1234
    05-27 11:44 AM
    I wonder what are the required documents for America born citizens if they don't have passports. Just a driver license? or they have to carry birth certificates always?

    I think American Citizens Drivers Licence do not have "Status Check" date where as Non-Immigrants have it.



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  • glus
    09-19 11:02 AM
    This must be done. Also, we could include flags of all the member nationalities, to show this website is an international one. So if we have members from 20 different countries, this should be clearly shown. Guys, the problem is not only for indians, it is also for the others like me.

    G





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  • anurakt
    12-27 06:49 PM
    Dude,
    That is what they are afraid off. They want you to go to your home country and not sneak into their country.
    Many ppl go through European airports during transit and then ask for Political asyslum. Many Tamil Tigers did that so did sardars during khalistan times.


    This all started after 9/11 , having a valid US visa means that you have gone through the security check...else when u apply for transit visa, they do these checks for you......



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  • sanju_dba
    09-09 01:20 PM
    did any one did math...

    EB1 - all current
    |
    |
    \/
    EB2 - World current
    |
    |
    \/
    EB2 - India / China
    |
    | ( When above EB2 India/China gets current 2-3years? )
    \/
    EB3 All
    |
    |
    \/
    EB3 I/C ( When EB1 , EB2 is Current , all visa numbers will flood to EB3 right ? so may be in 4-5 years EB3 may get current ? )





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  • belmontboy
    05-23 02:28 PM
    By computer operator i mean people who try to speak english but sound as if they are speaking telugu.

    what the f**k ?
    Who taught you this definition idiot?



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  • champu
    02-18 07:14 PM
    Hello,

    Is it true if you are in US for more than 5 years you get GC? It is too good to be true.

    Any way which part of this bill says so? I am sorry for my ignorance.

    Is it valid even if you came on F1 and started working ....

    thanks in advance for answers.

    How to convert from Legal to Illegal?;)
    How about if I tell USCIS I am born here and never applied for Birth Certificate?





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  • Dakota Newfie
    07-03 11:27 AM
    I admit, it seems discriminatory to say you can't get your GC now because you're from this country or that country but these "high volume" countries have created the current back log through their sheer numbers and sometimes multiple applications, not the system. The system is fair to ALL and for some group to say that it isn't fair because all of that group isn't getting what they want is unjust to the rest of us. I knew I would be pounced upon when I submitted my original post and it only proves my point of personal agendas; sometimes I wonder what the "I" in "IV" really stands for? Don't be so arrogant as to believe that your higher education should give you more rights than others - that doesn't fly with me! I am frustrated with this forum because of this arrogance and I may not visit too much longer!

    I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!



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  • gccube
    04-08 02:27 PM
    Finally just received THAT email. "Current Status: Card production ordered"

    PD Sep 2001

    EB3 India.


    Which service center processed your case? What is your receipt date?





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  • Jaime
    09-11 01:12 PM
    This aint my fight... This aint your fight..
    THIS IS OUR FIGHT!!!
    We need to come together & let our voices be heard!!!
    Come to DC...
    There is very little time & lots to achieve...

    There are miles to go before I sleep.....Well said! This is OUR fight! Let's go guys! EVERYONE TO DC!!!!



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  • gsc999
    04-20 02:44 PM
    Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.

    But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.
    --
    Ok, I will get a couple.





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  • shrayus
    04-20 04:09 PM
    I will get it posted on various internal mailing systems of sun. Will bring the banner www.immigrationvoice.org

    Sanjeev



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  • frostrated
    07-13 08:37 AM
    Do any of you think that the dates will move forward next month? Looking at the backlog numbers published by USCIS, I think they moved as far as they could to make use of all the available visas. I am thinking that the move next month might be only a few days or a month at the max. USCIS mentioned last month that we could expect the dates to be March/April 06 at the end of this fiscal year. Will this mean that EB2I will hold out at March / April 06 for the next fiscal year?





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  • va_labor2002
    07-24 09:23 AM
    I just posted this very question on the website above. I hope it gets selected for the chat

    rpatel, Can you please talk to IV core members about this issue ? Please call them and explain your point.

    Any comments from logiclife or any other IV core team ? we should send a webfax to USCIS director immediately.





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  • xela
    03-19 10:33 AM
    I assume there are more people like me out there that originally filed in 2003 or 2002 for ROW EB3 and then there came Perm
    Since nobody had touched my 2003 file (backlog), my lawyer advised me that PERM would be a good way to go, it also would give me a chance to file with a new job descroption that fit my by now different position.
    Bad thing was that she did not advise me to recapture my 2003 date but rather kept both applications in the running saying that we could cancel the 2003 when they finally got to it, which was June 2007 and at that point I could file in July for 485 with the Perm. Now my 2003 case was a regular one so we would have had to redo the hiring we did already for the perm.

    I have this feeling there were many older backlogged cases that people ended up cancelling last year since their PERM ones are further along and they did not want to go through any more hiring processes or lawyers payments. Or because they gave up?





    vavs16
    12-28 07:18 PM
    Hi guys

    If anyone here is enrolling at ONLINE program in U of South Dakota,please let me know

    I am enrolling in there soon - it is accredited :)

    Thanks a ton





    krishnam70
    02-19 08:26 AM
    1 - It will grant GC to people with > 5 years in US
    2 - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.

    Please add your views about this bill, how it might be improved and its chances of becoming a law.


    P.S. I previously misread the text somewhere. This bill just eliminate H1B classification for fashion models.

    There is already a thread open by DVB on this forum. Can you please check if there is a thread open already before you open a new one. Just a suggestion so the observations of the members are all consolidated in one thread rather than spread over.

    cheers
    kris



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